Review of the Unlawful Assemblies and Processions Act 1958

Chapter 3 - Victorian Law and Practice [Part 1]

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[Part 2 of Chapter 3 - Victorian Law and Practice]

INTRODUCTION

3.1 The Unlawful Assemblies and Processions Act 1958 (Vic) ("the Act") constitutes one restriction on the common law freedom to assemble. The Act has been on the Victorian statute book in substantially the same form since 1865, when the Unlawful Assemblies and Party Processions Statute (Vic) was introduced.[12] This Chapter gives a brief overview of the provisions of the Act, followed by an outline of the historical background to the legislation.

3.2 We then briefly consider a range of common law and statutory offences that operate to further restrict the freedom to assemble in Victoria.

3.3 It is also necessary to consider the practice relating to the exercise of the freedom to assemble in Victoria. In most cases, Victoria Police and other relevant authorities, such as local councils, work closely with the organisers of assemblies and processions to ensure that assemblies and demonstrations do not unduly inconvenience or endanger other people or property.

3.4 The Chapter concludes with summaries of the submissions received by the Committee in relation to the Victorian Act, and the Committee's comments on the current situation, and recommendations for the future.

UNLAWFUL ASSEMBLIES AND PROCESSIONS ACT 1958

Provisions

3.5 The Act is divided into four parts:

• Part 1 – Unlawful Assemblies (ss 3 – 9);

• Part 2 – Party Processions (ss 10 – 12);

• Part 3 – Special Constables (ss 13 – 25); and

• Part 4 – Riotously Disturbed Districts (ss 26 – 55).

Unlawful Assemblies

3.6 Section 3 of the Act provides that it is unlawful for a group of people exceeding 50 in number to meet "in open air" within a certain defined area around Parliament House, for particular purposes. The relevant area is that enclosed by Exhibition Street, Flinders Street/Wellington Parade, Lansdowne Street and Victoria Parade.

3.7 An assembly by such a group is prohibited if it takes place for any of the following purposes:–

• any unlawful purpose;

• for the purpose or on the pretext of making known grievances;

• for the purpose of discussing public affairs;

• for the purpose of considering or preparing or presenting any petition, memorial, complaint, remonstrance, declaration or other address to the Queen, the Governor or both Houses or either House of the Imperial Parliament or the Parliament of Victoria, or any officer of Government for the repeal or enactment of any law or for the alteration of matters in state.

3.8 An assembly for any of these purposes is prohibited on "any day on which the two Houses or either House of Parliament meet and sit or are summoned or adjourned or prorogued to meet and sit".[13]

3.9 Section 4 provides for the punishment of those attending a meeting held in contravention of section 3. Every person who attends and takes part in such a meeting is liable to imprisonment "for a term of not more than six months".

3.10 The practical impact of sections 3 and 4 is as follows:–

(1) many assemblies and demonstrations are held while Parliament is sitting and within the boundaries described in section 3 – all of these assemblies are therefore unlawful; and

(2) persons taking part in these assemblies may be imprisoned for up to 6 months.

3.11 Sections 5 and 6 deal with riotous meetings. Section 5 makes it unlawful for "persons to assemble together riotously and tumultuously and to the disturbance of the public peace". The section goes on to indemnify those trying to disperse such a riotous assembly (in practice, Victoria Police) in the event that a person assembled for such a purpose is injured or killed in the dispersal of the riot.

3.12 Section 6 sets out the words that may be read by a magistrate at the scene of an assembly prohibited by Part I of the Act, in order to disperse the crowd:

Our Sovereign Lady the Queen doth strictly charge and command all manner of persons here assembled immediately to disperse themselves and peaceably depart to their own homes. God save the Queen.

3.13 People present at an unlawful assembly are deemed to be guilty of an indictable offence where they either deliberately obstruct the magistrate in the reading of the notice, or if they remain in attendance at the assembly after 15 minutes has expired since the reading of the notice to depart.[14]

3.14 However, nothing in Part I applies to meetings convened for the election of members of Parliament, or to any persons attending the building on the business of either House of Parliament.[15]

Party Processions

3.15 Section 10 also deals with unlawful assemblies, but those outside the Parliamentary precinct. The section prohibits particular behaviour by people meeting together for the purpose of celebrating "any festival, anniversary or political event relating to or concerned with any religious or political distinction or difference". In particular, it is prohibited to:–

• bear fire-arms and weapons;

• exhibit any banner, flag or symbol, calculated to provoke animosity; or

• play any music with the same purpose.

3.16 Every person present at an assembly where prohibited behaviour takes place, is deemed guilty of an indictable offence. However, the section does not apply to any meeting held in the course of an election of members of Parliament.[16]

3.17 Section 11 is the equivalent of the first part of section 6, and provides that a magistrate may attend the scene of an assembly prohibited by section 10 to read the notice to disperse. Section 12, in common with section 6, provides that it is an offence for persons to remain assembled more than 15 minutes after the reading of the notice to disperse. However, the procedure is somewhat different, as section 12 requires the magistrate to sign a warrant for the arrest of people who have not dispersed within the 15 minutes, and the offence is prosecuted summarily. Section 12 also requires that every person convicted "shall be committed to gaol" for not more than one month (or three months in the event of a second or subsequent conviction).

Special constables

3.18 Sections 13 to 25 regulate the appointment by a magistrate of "special constables". Where a magistrate believes that a riot or indictable offence has taken place or is likely to occur in any municipal district, and that there are too few ordinary constables to preserve the peace, he or she may appoint any number of special constables, to preserve the peace, and protect people and property.[17] Notice of such appointments must be given to the Minister.[18] The Magistrates' Court may order the payment of a reasonable allowance to special constables.[19]

3.19 Any person willing to act as a special constable may be appointed[20], and he or she will have powers, under common law and legislation, equal to those of any constable duly appointed.[21] A person who is appointed a special constable, who then refuses to take the oath set out in section 13, or fails to appear to take the oath, or refuses to obey lawful orders and directions, is liable to a penalty of $10.[22] A person who assaults or resists a special constable is liable to a penalty of not more than $40, or any other penalty as would apply for the assault of a police officer.[23]

3.20 Magistrates who appoint special constables have the power to make orders and regulations in relation to them, and may remove from office those guilty of any misconduct or neglect of duty.[24] Magistrates also have a general power to suspend or determine the services of all or any special constables[25], who must then surrender all arms and weapons.[26]

Riotously disturbed districts

3.21 Sections 26 to 55 deal with riotously disturbed districts. The Magistrates' Court may summon a jury to determine whether a district is riotously disturbed.[27] Witnesses may be summoned by the Court for this purpose.[28] The jury may, by the verdict of at least seven jurors, define the area disturbed and fix the date of the disturbance.[29] The Governor in Council may then proclaim the district as being in a state of disturbance[30], and the district in question becomes subject to Part IV of the Act.[31] A Commissioner must be appointed for each proclaimed district to determine the expense of enforcing the Act.[32]

3.22 The Act provides for levies to be imposed on the residents of a riotously disturbed district to pay for any losses suffered by residents of that same district.[33] The Commissioner's expenses are also to be met by a levy imposed on residents.[34] The Act then sets out in some detail the procedures for setting a value on losses, settling claims and the manner of imposing levies.[35]

Historical Background to Provisions

3.23 The majority of the provisions of the current Act have changed little since the first consolidation of the law relating to unlawful assemblies in 1865. The Unlawful Assemblies and Party Processions Statute 1865 gathered together disparate pieces of legislation relating to assemblies around Parliament House, party processions, special constables and riotously disturbed districts. Much of this legislation already existed in either Victoria, or in the colony of NSW before Victoria became a separate colony in 1851. The 1865 Act was succeeded by further consolidated Acts in 1890, 1915, 1928[36] and finally in 1958 (the current Act). Changes made by these successive Acts were only very minor.

3.24 However, most of the provisions have an even longer history, originating in English laws dating back centuries. The 1865 Act notes the English origins of many provisions. Part 1 has its origins in Acts dating back to the times of George I (1714 – 27) and George III[37] (1760 - 1820). George I introduced the Riot Act 1714, as the common law offences[38] relating to riotous assemblies were inadequate to deal with the disturbances which followed the accession of the first Hanoverian King to the English throne. That Act provided that if 12 or more persons remained assembled in a riot for one hour after a proclamation prescribed by the statute had been read to them by a magistrate, they should be guilty of felony and liable to suffer the death penalty. From this Act comes the popular expression "the reading of the riot act". The Act also provided for the immunity of those who might kill or injure persons taking part in such a riotous assembly while trying to disperse it.[39] Part 2 of the Victorian Act dates back to the reign of William IV[40] (1830 – 1837), as does Part 3.[41]

3.25 These English Acts formed part of the body of law that was received into the Australian colonies on the occasion of their settlement.[42] As Australia was considered to have been "settled" by Britain rather than conquered, all of the then existing English laws were immediately in force in the new colony. Any uncertainty regarding this was resolved by the passage of the Australian Courts Act 1828 (Imp), which provided for the application in the colonies of "all Laws and Statutes in force within the Realm of England at the Time of the passing of this Act... so far as the same can be applied".[43] As a result, the English Acts mentioned above automatically applied in the colony of New South Wales, as far as they could. When Victoria became a separate colony in 1851, the NSW Legislative Council passed a special Act to provide that all existing laws should continue in force in Victoria, until altered by the Victorian legislature.[44] However, British Acts were often altered by the Victorian legislature to adapt to local conditions.

Unlawful assemblies

3.26 Part 1 of the Act was first introduced in 1860 as an independent piece of legislation, entitled An Act for securing the freedom of the deliberations of Parliament and for preventing disorderly Meetings. The legislation was enacted in response to a particular event in the history of Victoria. It is worthwhile briefly outlining the events, as they explain the policy underpinning the legislation.

3.27 The population of Melbourne had swelled enormously during the gold rush decade of the 1850s. By 1860 there was great political agitation over the question of "unlocking" the land. Miners and other immigrants hoped to wrest control of the land away from the squatters, in order to buy small land holdings for farming purposes.[45]

3.28 A Land Convention had been established in 1857 with the dream of settling miners and their families on agricultural holdings of about 320 acres each. The Legislative Council of the 1850s was dominated by conservative elements who rejected efforts by the more representative Assembly to bring about land reform. The Convention organised rallies and lobbied for change but to no avail. The Council "dug in its heels" in the final years of the decade.[46]

3.29 Those wanting change finally lost patience, and assembled at the Eastern Market[47] (where the Land Convention met each week) on 27 August 1860 to hear speeches by politicians in favour of land reform. Another mass demonstration outside Parliament House was organised for the following evening.[48]

3.30 On 28 August, thousands of men crushed into the then existing Parliamentary Yard between the Assembly and the Council. When the Assembly adjourned at 6.30pm, the crowd returned to the Eastern Market to hear further fiery speeches from their parliamentary supporters. The now agitated crowd returned to Parliament House when the Assembly reconvened at 7.30pm. Some in the crowd tried to force their way into the parliamentary buildings, and were barely kept out by police reinforcements. The ground was littered with building rubble from the continuing work on Parliament House, and some demonstrators threw rocks at the police and broke all of the Assembly windows. Inside the Assembly chamber, members could barely make themselves heard – proceedings were continually interrupted by explosions of glass, by the din and by excited members entering the House with reports of the tumult. Further police reinforcements arrived and charged into the crowd, breaking up the demonstration. By 10pm, it was all over, with eight wounded constables and dozens of demonstrators lying in hospital with serious injuries.[49]

3.31 The Act mentioned in paragraph 3.24 was debated and passed the evening following the demonstration. Debate in Parliament over the introduction of the Act was heated. Those in favour of the Act gave the following reasons:

...the hooting and cheers of a political mob should not be suffered to interrupt the proceedings of hon. Gentlemen, while deliberating on state matters within these walls... Neither did he think such a mob should be permitted to approach the House so near as to be able to do that which they had done when the windows of the House were broken last night... He repeated that he had no objection to political demonstrations – he desired that they should have free scope; but certainly they should not be brought so near the House as to interrupt its proceedings.[50]

3.32 Those opposed to the legislation suggested that the House could better spend its time on resolving the land question, and argued that the Act:

...if not closely watched, would result in serious inroads on the privileges, and even on the liberties, of subjects in this colony.[51]

3.33 Part 1 of the current Act closely mirrors the 1860 Act. The major difference is the inclusion of section 5 in the current Act, introduced in the 1865 consolidation of the law relating to unlawful assemblies. This Part of the Act has changed very little – in language or content – since 1865.

Party processions

3.34 In 1846, An Act to prevent for a limited time Party Processions and certain other public Exhibitions in the Colony of New South Wales [52] was passed. The Act was to be in force for only three years.[53] However, in 1849, legislation was passed in the Colony to extend the life of the principal Act. Therefore, when Victoria became a separate colony two years later, the 1846 Act applied by virtue of the Act of 1851 passed by the NSW legislature that applied NSW laws to the new colony.[54] The application of the NSW Act was further extended in Victoria by legislation in 1855[55] and 1859[56]. The consolidated Act of 1865 set the legislation in relation to party processions on a permanent footing.

3.35 The debates of the NSW Parliament were, at that time, recorded in the colonial newspapers. It is therefore difficult to establish the original reason for the enactment of the legislation. However, the Preamble to the Act sets out the purpose of the legislation:

...whereas it may be apprehended that any party feelings or political events may create religious and political animosities between different classes of Her Majesty's subjects and are also calculated to occasion riots tumults and breaches of the peace and it is highly expedient and necessary to guard against the same.

3.36 The provisions of Part 2 have barely changed in the nearly 150 years since they made their appearance on the Victorian statute book. For example, section 11 of the current Act retains the archaic expressions of the Victorian era, beginning "Our Sovereign Lady the Queen doth command...". "The Queen", of course, refers to Queen Victoria!

Special constables

3.37 An Act to Amend the Laws relating to Special Constables was passed by the Victorian legislature on 30 November 1852. As the parliamentary debates of that time were published only in the Argus newspaper, it would involve considerable work to determine the precise reason for the passage of this legislation. However, it is reasonable to presume that the Act was passed in response to the disturbances created in the small colony by the discovery of gold, and the ensuing population explosion. One writer on the early days of the gold rush noted that, "as gold fever spread throughout the colony, Melbourne dissolved into chaos"[57], as "the town that had accommodated twenty thousand with tolerable comfort, was suddenly called upon to provide for a hundred thousand".[58]

3.38 It appears that the new legislation was used in the aftermath of the Eureka rebellion, as Governor Hotham attempted to stop the revolt from spreading to other parts of the colony of Victoria. On 4 December 1854, 1500 special constables were sworn in at Melbourne and armed with batons to prevent civil disorder.[59] Such legislation would have been very useful in a colony where the number of regular police constables was probably inadequate to maintain the peace during the excitement of the gold rush.

3.39 Part 3 of the current Act is virtually identical to the 1852 Act, excepting very minor amendment of the language of the Act to reflect modern circumstances. The modernisation of the Act is, however, imperfect. The current Act retains references to "all arms staves weapons"[60], and imposes trifling penalties of $10 and $40 for breaches of the various provisions[61] – a mere doubling of the 1852 penalties to reflect the move from the pound to the Australian dollar!

Riotously Disturbed Districts

3.40 Part IV of the Act was first introduced in 1855 as An Act to provide for the prevention of disturbances of the public Peace in Victoria. The likely impetus for the introduction of the legislation was the uprising at Eureka in December 1854. An editorial in The Argus on 2 February 1855, discussing the "Public Disturbances Bill", noted:

The question of public disturbances has lately been brought rather prominently before the public eye.

3.41 However, the government of the day denied a connection between the Eureka rebellion and the legislation, with the Attorney-General denying that the bill was "in any way merely applicable to the gold-fields".[62] Some members of the Legislative Council, however, were in no doubt as to the connection:

The measure was unquestionably, even according to a number of its supporters, merely to meet an emergency and calculated for a particular crisis. It was specially intended for the gold-fields. If not for the gold-fields, for what other portion of the colony was it intended? He was not aware of any place where a disturbance was anticipated. If it were not brought in with special reference to the gold-fields, why was it not mooted before the flames from the burning of the Eureka Hotel had spread alarm throughout the country?[63]

3.42 The primary purpose of the bill was "to compensate parties for loss or damage of property arising from disturbances of the public peace".[64] The Attorney-General noted that this principle was in full force in England. In fact, it appears that the compensation scheme outlined in the legislation dated back to "the old Saxon principle of holding every district responsible for peace being maintained within its boundaries".[65] However, the Attorney-General conceded that there was not the same machinery in the colonies as in England for assessing property and recovering rates. The legislation was also intended to prevent destruction of property through violent outbreaks, as:

Every man being immediately interested in the preservation of the property, no wasteful destruction would take place, and no one would need to be called upon to make it good.[66]

3.43 Debate over the measure was fierce, with some members of the Council opposing it in principle, and others objecting to various procedural aspects of the legislation. However, the bill was passed at second reading, and then amended by the House in committee over the next few months, until it was finally passed in April 1855.

3.44 Part IV of the current Act is remarkably similar to the 1855 Act, despite the passing of almost 150 years since the latter was enacted. The major differences are the ordering of the provisions in the current Act, and some updating of the language to reflect changes since the original Act was passed – the replacement of the "Colonial Treasurer"[67] by the "Treasurer of Victoria"[68], for example.

OTHER RESTRICTIONS ON FREEDOM TO ASSEMBLE

Criminal Law

3.45 The Act is not the only restriction on the freedom to assemble in Victoria. The criminal law provides a wide range of means for controlling the behaviour of demonstrators. Some offences relate specifically to public assemblies, but most are general criminal offences which may be used by police in the context of demonstrations.

Breaches of the Peace

3.46 Breach of the peace is an element of many offences relating to conduct at demonstrations. The following common law offences are all based on the concept.

(a) Unlawful Assembly

3.47 It is a misdemeanour at common law for three or more persons to gather together either for the purpose of committing or preparing to commit a crime involving the use of violence or in order to carry out any purpose in an unlawful manner. The essence of this offence is that it has a tendency to create a breach of the peace.[69]

(b) Rout

3.48 If the persons gathered in an unlawful assembly begin to move towards the achievement of their object, in however small a way, they become guilty of the common law offence known as rout.[70]

(c) Riot

3.49 When the assembly has begun to execute the common purpose and, in so doing, displayed such violence as to alarm at least one person of reasonable firmness and courage, its members will, if they can be shown to intend to help one another by force if necessary, become guilty of the common law offence of riot.[71]

(d) Affray

3.50 Affray consists in participating unlawfully in a violent breach of the peace, so as to cause terror to others. Usually, the participation will occur by actual fighting, but brandishing offensive weapons is sufficient to constitute the offence. An affray may occur in either a public or private place, and may be committed by one person alone. The accused's action must be unlawful so that if, for example, he or she is merely defending him or herself no affray is committed. It is essential that the violence displayed by the accused should be of a nature calculated to terrify (rather than might terrify), a person of reasonable firmness. It is not, however, necessary to prove that persons present at the time were actually terrified. Nor is it necessary that a bystander be present. Rather, it is sufficient if the unlawful fighting, violence or display of force was such that a bystander of reasonable firmness and courage, if present, might reasonably be expected to be terrified.[72]

Statutory Offences

(a) Crimes Act 1958

3.51 There is only one provision in this Act that appears to be directly relevant to processions and assemblies. Section 206(a) provides that a person present at a riotous assembly that unlawfully and with force demolishes a building, is guilty of an indictable offence and will be liable to a maximum of 15 years imprisonment. It is likewise an offence to damage a building in the same circumstances, although the penalty is less harsh, being a maximum of 5 years imprisonment.[73] It is worth noting that section 206 is drafted in language that would be at home in the Unlawful Assemblies and Processions Act 1958.

(b) Summary Offences Act 1966

3.52 Section 4(e) of the Act states that it is an offence for a person to obstruct a footpath or road, "whether by allowing a vehicle to remain across such road or by placing goods thereon or otherwise" (emphasis added). Where a person is prosecuted for obstructing a road or footpath contrary to section 4(e) or any relevant local laws, and the obstruction is by an "assemblage" of persons – but not a procession – the court is not to convict the defendant unless satisfied that there was "undue" obstruction of the road etc.[74] The provision, then, expressly does not apply in the case of processions, but will clearly apply to an assembly. An obstruction of the road may occur by any means, due to the use of the words "or otherwise" in section 4(e), including by people milling about on the road or path. However, section 5 gives the court a great deal of discretion in convicting a person for breach of section 4(e), and suggests that a conviction should not be entered lightly. An offender is liable for a fine of 5 penalty units ($500).[75]

3.53 Section 9 makes it an offence to trespass in public and private places. Specifically, it is an offence to "wilfully trespass in any public place other than a Scheduled public place", and to refuse to leave after being warned to do so by the owner or occupier of the public place.[76] A "public place" includes public roads and footpaths, parks and gardens, railway stations, public vehicles "plying for hire", churches, State schools, public halls, markets and sports grounds.[77] "Scheduled public places" are limited to land used for State schools and cemeteries, and premises used for children's services, residential institutions for the disabled, and mental health services.[78] In respect of private places, it is an offence to enter onto the property without express or implied authority or a lawful excuse, and a further offence to refuse to leave after being warned to do so by the owner or occupier, without lawful excuse.[79] It is also an offence to enter any private or public place "in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace", without lawful excuse.[80] A person who commits one of the above offences is liable for a fine of 25 penalty units ($2500) or imprisonment for six months.[81]

Local Laws

Public Activities Local Law 1994

3.54 The Public Activities Local Law ("PALL"), enacted in 1994 by the then Melbourne City Council, has great potential to restrict the freedom to assemble. The PALL aims to:

(c) prohibit, regulate or control activities, events, practices and behaviour which could give rise to detriment to persons or to the amenity of a neighbourhood or cause a nuisance or interfere with the use or enjoyment of premises by or the personal comfort of a person;

(d) facilitate the giving of permits and consents for activities in or on, public places...;

...

(f) control noise, behaviour, liquor, animals, camping, processions, advertising and other activities; [and]

...

(j) generally maintain the peace, order and good government of the municipal district.[82]

3.55 Clause 3.14 of the PALL directly addresses the issue of processions, and provides as follows:

(1) Unless in accordance with a permit, a person must not conduct or participate in a parade or procession of persons or vehicles in, on or over any public place unless written notification of the proposed parade or procession has been given to the Council at least 5 days before the event.

(2) A person conducting or participating in a parade or procession must comply with any reasonable direction given by the Council, a delegate or an Authorised Officer.

"Public place" has the same meaning in the PALL as in the Summary Offences Act 1966 (Vic.), and includes roads and footpaths, reserves and gardens, State schools, public vehicles, sports grounds, markets and churches.[83]

3.56 In theory, then, no assembly or procession may take place in a public place within the municipal district of the City of Melbourne council unless a permit has been obtained. A permit must be in writing[84], and may be subject to such fees and conditions as the Council may decide to impose.[85] If enforced, these provisions of the PALL would amount to a considerable restraint on the exercise of the freedom to assemble in the City of Melbourne.

3.57 Further, there are a number of more general provisions in the PALL that may also apply to assemblies and processions. Under clause 3.1, certain behaviour in or on a public place is prohibited, including: committing a nuisance; affecting the amenity of the public place; interfering with the use or enjoyment of that place, or the personal comfort of another person in the public place; and annoying, molesting or obstructing any other person in the public place.

3.58 The PALL also prohibits certain activities in public places, unless carried out in accordance with a permit or legislation.[86] Activities prohibited include: interfering with anything on or in the public place (including affixing anything to it); interfering with the pavement or any other surface; interfering with any garden; and entering or remaining in the place after being directed to leave.

3.59 Further activities that are prohibited by the PALL, in the absence of a permit or authorisation or legislative approval, that may be relevant to public processions and assemblies are: the hanging or affixing of banners on or between buildings[87]; the making of noise above a certain level[88]; and the obstruction of pedestrian or vehicular traffic[89].

3.60 A person who contravenes the provisions of the PALL is guilty of an offence and liable to a penalty not exceeding 20 penalty units ($2000).[90]

3.61 The City of Melbourne has, however, prepared a new Activities Local Law 1999 ("ALL"), likely to be in force from 1 July 1999. The ALL, once operative, will repeal the PALL.[91]

3.62 The Council provided a draft copy of the ALL to the Committee. The most obvious difference between the PALL and the ALL is that the latter omits any specific regime for the regulation of assemblies and processions. The requirement for a permit is absent. The Council advised that it intends to rely on a more general provision contained in clause 2.2 of the ALL to regulate assemblies and demonstrations. The relevant part of clause 2.2 provides:

A person must not in or on a public place:

...

(d) after having been directed to leave by an authorised officer, enter or remain in any area, place, building or structure that is not open to the public.

3.63 The Council advised that when this clause is invoked, a person who fails to leave the premises is considered to be trespassing contrary to the Summary Offences Act 1966[92], in which case the police may be called in to remove the offender. Therefore, the Council's control over assemblies and processions under the ALL will largely be limited to instances of trespass. Although the activities prohibited by the PALL, outlined in paragraphs [3.57] and [3.58] above, remain prohibited under the ALL.[93]

[Continue to Part 2 of Chapter 3 - Victorian Law and Practice]

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